Gender-Based Asylum

A FRAGILE SAFETY NET

The United States has a long and rich history of offering safe harbor to refugees fleeing persecution from around the world. According to international standards, and in line with our nation’s commitment to ending violence against women and girls, those fleeing gender-based harm — such as female genital mutilation, forced marriage, and domestic violence — should be among the refugees protected through our legal system. Unfortunately, despite years of litigation and advocacy, this area of immigration law remains unclear, leading to arbitrariness and unfairness in decisions about who qualifies as a refugee, leaving many deserving women and girls out in the cold.

TAHIRIH’S LEGACY

Tahirih Justice Center was founded after Layli Miller-Muro, Executive Director, helped win asylum for Fauziya Kassindja in the first-ever victory in a gender-based asylum case. With this rich legacy, Tahirih remains committed to ensuring consistency and fairness in the adjudication of asylum claims for women and girls seeking protection from gender-based persecution. Thanks to our award-winning pro bono program, Tahirih represents hundreds of asylum seekers each year, seeking to push the envelope through especially challenging cases. Tahirih partners with major law firms and other advocates to file amicus briefs in asylum cases from around the country and engages in both federal administrative and legislative advocacy to seek improvements in the asylum system to better protect women and girls fleeing violence.

SECURING A SAFE FUTURE

Read our groundbreaking report on asylum

The asylum system was intended to offer individuals who cannot find protection from persecution in their home countries a chance to live safely and with dignity in the U.S. The immigration laws and regulations that govern the treatment of refugees, from their first contact with U.S. officials through their detention, case adjudication, removal, or receipt of citizenship, are inadequate to ensure that women and children in need of protection are treated fairly and humanely. Through litigation, advocacy, legislative campaigns, and outreach, Tahirih aims to increase the efficiency and fairness of the asylum system to ensure that it operates in line with American moral and international obligations.

Tahirih’s Senior Counsel for Policy and Strategy issued this statement after the Florida Senate unanimously passed a historic bill to end child marriage in Florida. The bill must now be passed by the House of Representatives.